ECOVIS Proventuslaw provides an overview of the most important amendments to the Labour Code of the Republic of Lithuania. The amendments to the Labour Code will enter into force in three stages:
1) from 1 August 2022;
2) from 1 November 2022;
3) from 1 January 2023.
Amendments, which will enter into force from 1 August 2022
Documents relating to employment relations have to be in Lithuanian and another language the employee understands
1. The employer will have to provide the foreign employee with an employment contract in Lithuanian and in another language, the employee understands, as well as documentation on health and safety requirements at work, and other documents (notices, requests, consents, objections, etc.).
2. The employer will also have to provide the employee with disability information in Lithuanian and in another language that the employee understands, on the circumstances that may significantly affect the conclusion, performance and termination of the contract, and on the documents to be communicated to the employee (notices, requests, consents, objections, etc).
Fixed-term employment contract and probation period
3. In the case of a fixed-term employment contract of less than 6 months, the employment contract must stipulate a probation period proportionate to the duration of the contract.
Balancing of family and work needs
4. Employer has to grant unpaid leave to an employee, if the employee’s request is related to a family emergency in case of illness or an accident in which the employee is required to be directly present.
5. Employees with one child under the age of 12 years will be entitled to one additional paid day off every 3 months, and those with two children under the age of 12, where one or both of the children has a disability, will be entitled to two additional paid days off every month.
6. Exceptions for remote-work, part-time work and flexible work hours will be available for pregnant women, women who are breastfeeding, employees with a child under the age of 8, and employees who are raising a child under the age of 14 or a disabled child under the age of 18 alone.
Information about working conditions
7. The requirements on the information to be provided to an employee before the start of the employment relationship have been extended. The employer has to provide the employee with information on the following topics: the period and conditions of the probation period; the procedure for terminating the employment contract; the procedure for setting and paying overtime and, if applicable, for changing the work/shift; the right to training, if the employer provides it; the name of the social security institutions that receive social security contributions in connection with the employment relationship, and information on other social security protection provided by the employer.
Termination of an employment contract
8. If an employment contract is terminated on the employer’s initiative without the employee’s fault, the notice period will have to be tripled for employees who have submitted a certificate for an illness included in the list of serious illnesses approved by order of the Minister of Health of the Republic of Lithuania.
9. Discrimination against an employee for exercising the guarantees provided by the Labour Code, e.g., working flexible hours, requesting additional leave, etc. has been prohibited.
Posting of employees abroad
10. Employer has to provide the following information to employees, which are posted abroad for longer than 28 days: remuneration to which he/she is entitled under the law of the country to which he/she is posted; the daily subsistence allowances and allowances intended to reimburse the actual travel, accommodation and meal expenses incurred in connection with the posting, if applicable; a link to the host country’s official national website providing information on posted employees.
Amendments, which will enter into force from 1 November 2022
Employers’ obligations in relation to mobbing
11. Irrespective of the number of employees in the company, employers are obliged to: (1) take measures to eliminate and/or control potential risks of violence and harassment, (2) set a policy to prevent violence and harassment, (3) establish and communicate procedures for reporting and handling reports of violence and harassment to employees, (4) organize training to employees on the risks of violence and harassment, prevention measures and on the rights and obligations of employees in relation to violence and harassment.
12. Employers with an average number of employees of more than 50 have to adopt a Violence and Harassment Prevention Policy.
Compensation for employees working outdoors or whose work is of a mobile nature
13. Compensation payable to employees whose work is of a mobile nature, or is carried out outdoors, or involves trips or travelling, has been changed to a maximum of 30% of the employee’s basic (rate) remuneration.
Amendments, which will enter into force from 1 January 2023
Paternity and parental leave
14. The number of days of leave granted to employees after the birth of a child remains unchanged, but the guaranteed 30 days can be split into up to two parts, without the need to take all 30 days at once.
15. Clarification of the duration of paternity and parental leave when a child is adopted – paternity leave must be taken before parental leave. Deadline is reduced from 3 months to 1 month from the entry into force of the court’s decision on adoption.
16. When taking parental leave, each parent will first have a right to take a 2-month part of the parental leave at any time before the child reaches 18 or 24 months of age, which cannot be transferred to anyone else. Each parent may take the non-assignable part of the 2-month period of parental leave either in full at once or in parts, alternating with the other parent. The uninterruptible part of the 2-month period of parental leave cannot be taken by both parents at the same time.
ECOVIS ProventusLaw lawyers are ready to help you quickly prepare for the new changes relating the Labour Code and mitigate any possible risks.
Prepared by ECOVIS ProventusLaw lawyer Lina Bulovienė